Inclosed Lands Protection (Summary Offences) Amendment Act 1979 (NSW)

I N C L O S E D L A N D S P R O T E C T I O N ( S U M M A R Y

O F F E N C E S ) A M E N D M E N T A C T , 1979 , N o . 7 3

A N N O V I C E S I M O O C T A V O

ELIZABETHE II REGINE

Act N o . 7 3 , 1 9 7 9 .

An Act to amend the Inclosed Lands Protection Act, 1901, con­ sequentially upon the enactment of the Summary Offences (Repeal) Act, 1979. [Assented to, 11th May, 1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —

This Act may be cited as the "Inclosed Lands Protection (Summary Offences) Amendment Act, 1979".

1.

2.       (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. The Inclosed Lands Protection Act, 1901, is amended—

(a) by inserting in the definition of "Inclosed lands" in section 3 after the word "recognised" the words ", and includes any building or structure or any part thereof, and any land occupied or used in connection with a building or structure or any part thereof";

(b) by omitting from section 4 (1) the words "in charge	of the same." and by inserting instead the words	"apparently in charge of the same or remains upon the
inclosed lands of another person after being requested by the owner or occupier or person apparently in charge of those lands to leave those lands,";

(c) by inserting after section 4 the following section : —

4 A . Any person, who remains upon the inclosed lands of another person after being requested by the owner or occupier or the person apparently in charge of those lands to leave those lands and while remaining upon those lands behaves, without reasonable excuse, in such a manner as would be likely to cause reasonable persons

justifiably in all the circumstances to be seriously alarmed or seriously affronted, shall be liable to a penalty of $200.